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PEOPLE v. DUBOSE

2018-04850.

176 A.D.3d 858 (2019)

107 N.Y.S.3d 869

2019 NY Slip Op 07275

The People of the State of New York, Respondent, v. Laiquan E. Dubose, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 9, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Samuel Barr of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano and Johnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.

Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid and does not preclude appellate review of his excessive sentence claim. The mere explanation of the right to appeal and the consequences of a waiver, without an affirmative response from the defendant that he or she understands the rights as explained, is insufficient to effect a valid waiver (see People v Bradshaw, 18 N.Y.3d 257

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